请82天病假却跨省看演唱会,被公司辞退!法院判了
劳动者有休病假的权利,但如果滥用病假权,则得不到法律的支持。
员工周某以腰痛、只能卧床不能上班为由,长期“泡病假”。病假期间,却跨省参加演唱会、婚宴等,因而被公司辞退。她向公司索赔,最近,该案二审宣判。
A Nanjing court recently upheld a company's decision to terminate an employee who exploited medical leave to attend concerts and social events, ruling that her actions violated workplace policies and principles of integrity.
The employee, surnamed Zhou, had claimed severe back pain since December 2023, submitting 11 medical certificates from three hospitals over 82 days. She asserted she was bedridden and unable to work due to a mild lumbar disc herniation. However, her employer discovered through travel records that Zhou had frequently traveled inter-provincially during her sick leave, including attending a concert in Hangzhou on March 17, 2024 as well as a wedding banquet.
The company, suspicious of her claims, accompanied Zhou to a medical examination. Doctors concluded her condition was minor and did not justify prolonged bed rest. Despite repeated inquiries, Zhou insisted she had remained home. The company terminated her employment on Apr 2, 2024, citing fraudulent sick leave and absenteeism. Zhou later joined another company in late April and resumed normal work.
In its ruling on Feb 20, 2025, the Nanjing Intermediate People's Court affirmed the legality of the termination. Judge Liu Yi, a Level IV senior judge, said that while employees have a right to sick leave, it must be exercised in good faith. Zhou's actions, the court found, breached both company rules and the "principle of integrity and dedication" required of workers. Her lawsuit demanding compensation was dismissed.
来源:人民网综合江苏新闻
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